Los Angeles County Department of Children and Family Services v. Sandra D.
208 Cal. App. 4th 437
Cal. Ct. App.2012Background
- Mother appeals from a judgment declaring Christian P. and Antonio R. dependents under Welfare and Institutions Code section 300(b).
- DCFS sought detention based on a deteriorating home environment and mother's alleged methamphetamine use and conduct with unrelated adults in the home.
- The petition included counts alleging endangering conditions (b-2) and mother’s active drug use (b-3).
- DCFS relied on hearsay statements from a separate case CK48285, incorporated into the social study reports, to support its jurisdictional findings.
- The trial court ultimately found jurisdiction under §300(b) primarily on mother’s drug use (b-3) and held ICWA inapplicable, while concluding 827 did not require a petition for access to CK48285.
- On ICWA, the court remanded for limited compliance notice, but affirmed the judgment and dispositional orders.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether DCFS must file for access under section 827 before using unrelated case evidence | Mother argues 827 requires a petition to access the CK48285 file | DCFS contends its attorney may access files for the petitioning agency | No petition required; DCFS attorneys may access under 827(a)(1)(F) |
| Whether the evidence from CK48285 plus social studies supports jurisdiction under §300(b) | Hearsay from CK48285 lacks corroboration | Hearsay in social studies, corroborated by other record evidence, suffices | Substantial corroboration supports jurisdiction under §300(b) (b-3) |
| Whether DCFS fully complied with ICWA notice and inquiry requirements | DCFS failed to provide complete ICWA notice | Notice defects are non-reversible if harmless | Limited remand for proper ICWA notice; not reversal of judgment |
| Whether ICWA notice defects were reversible error given the record | Notice errors require reversal | Harmless error if no tribe claim or adverse impact shown | Remand for ICWA compliance; otherwise harmless error if no tribal claim is made |
| Whether the court correctly treated ICWA and related procedures on remand | Remand should ensure full ICWA compliance | Limited remand appropriate to cure notice issues | Remand for ICWA compliance with appropriate documentation and potential tribal involvement |
Key Cases Cited
- In re Keisha T., 38 Cal.App.4th 220 (Cal. Ct. App. 1995) (juvenile records confidentiality and 827 access discussed)
- In re E.B., 184 Cal.App.4th 568 (Cal. Ct. App. 2010) (social study hearsay admissible with corroboration standards)
- In re B.D., 156 Cal.App.4th 975 (Cal. Ct. App. 2007) (corroboration standard for hearsay in jurisdictional findings)
- In re G.L., 177 Cal.App.4th 683 (Cal. Ct. App. 2009) (ICWA notice harmless error analysis adopted)
- In re Brooke C., 127 Cal.App.4th 377 (Cal. Ct. App. 2005) (remand for ICWA notice deemed appropriate)
- In re Veronica G., 157 Cal.App.4th 179 (Cal. Ct. App. 2007) (limited remand and ICWA notice guidance)